23670 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices 

1See Polyethylene Retail Carrier Bags from the 

Socialist Republic of Vietnam: Preliminary 

Affirmative Countervailing Duty Determination and 

Alignment of Final Countervailing Duty 

Determination with Final Antidumping Duty 

Determination, 74 FR 45811 (September 4, 2009) 

(Preliminary Determination). 

2The Department instructed CBP to discontinue 

the suspension of liquidation on January 2, 2010, 

in accordance with section 703(d) of the Act. 

Section 703(d) states that suspension of liquidation 

pursuant to a preliminary determination may not 

remain in effect for more than four months. Entries 

of PRCBs from Vietnam made on or after January 

2, 2010, and prior to the date of publication of the 

ITC’s final determination in the Federal Register, 

are not liable for the assessment of countervailing 

duties because of the Department’s discontinuation 

of the suspension of liquidation, effective January 

2, 2010. 

Republic. Intended Use: This 

instrument will be used to study the 

size, shape and elemental compositions 

of nanoparticles to determine the effect 

on biological interactions at the nano 

scale. Justification for Duty–Free Entry: 

There are no instruments of the same 

general category as this instrument 

being produced in the United States. 

Application accepted by Commissioner 

of Customs: April 15, 2010. 

Dated: April 28, 2010. 

Gregory W. Campbell, 

Acting Director, IA Subsidies Enforcement 

Office. 

[FR Doc. 2010–10487 Filed 5–3–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(C–552–805) 

Polyethylene Retail Carrier Bags from 

the Socialist Republic of Vietnam: 

Countervailing Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (the Department) and the 

U.S. International Trade Commission 

(ITC), the Department is issuing a 

countervailing duty order on 

polyethylene retail carrier bags (PRCBs) 

from the Socialist Republic of Vietnam 

(Vietnam). 

EFFECTIVE DATE: May 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Gene Calvert or Jun Jack Zhao, AD/CVD 

Operations, Office 6, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–3586 and (202) 

482–1396, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with section 705(d) of 

the Tariff Act of 1930, as amended (the 

Act), on April 1, 2010, the Department 

published its final determination in the 

countervailing duty investigation of 

PRCBs from Vietnam. See Polyethylene 

Retail Carrier Bags from the Socialist 

Republic of Vietnam: Final Affirmative 

Countervailing Duty Determination, 75 

FR 16428 (April 1, 2010). 

On April 26, 2010, the ITC notified 

the Department of its final 

determination, pursuant to sections 

705(b)(1)(A)(ii) and 705(d) of the Act, 

that a U.S. industry is threatened with 

material injury by reason of subsidized 

imports of subject merchandise from 

Vietnam. See Polyethylene Retail Carrier 

Bags from Indonesia, Taiwan, and 

Vietnam, USITC Publication 4144, 

Investigation Nos. 701–TA–462 and 

731–TA–1156–1158 (Final) (April 

2010). Pursuant to section 706(a) of the 

Act, the Department is publishing a 

countervailing duty order on the subject 

merchandise. 

Scope of the Order 

The scope of this order covers 

polyethylene retail carrier bags, which 

also may be referred to as t–shirt sacks, 

merchandise bags, grocery bags, or 

checkout bags. The subject merchandise 

is defined as non–sealable sacks and 

bags with handles (including 

drawstrings), without zippers or integral 

extruded closures, with or without 

gussets, with or without printing, of 

polyethylene film having a thickness no 

greater than 0.035 inch (0.889 mm) and 

no less than 0.00035 inch (0.00889 mm), 

and with no length or width shorter 

than 6 inches (15.24 cm) or longer than 

40 inches (101.6 cm). The depth of the 

bag may be shorter than 6 inches but not 

longer than 40 inches (101.6 cm). 

PRCBs are typically provided without 

any consumer packaging and free of 

charge by retail establishments, e.g., 

grocery, drug, convenience, department, 

specialty retail, discount stores, and 

restaurants to their customers to 

package and carry their purchased 

products. The scope of this order 

excludes (1) polyethylene bags that are 

not printed with logos or store names 

and that are closeable with drawstrings 

made of polyethylene film and (2) 

polyethylene bags that are packed in 

consumer packaging with printing that 

refers to specific end–uses other than 

packaging and carrying merchandise 

from retail establishments, e.g., garbage 

bags, lawn bags, trash–can liners. 

Imports of merchandise included 

within the scope of this order are 

currently classifiable under statistical 

category 3923.21.0085 of the 

Harmonized Tariff Schedule of the 

United States (HTSUS). This 

subheading may also cover products 

that are outside the scope of this order. 

Furthermore, although the HTSUS 

subheading is provided for convenience 

and customs purposes, the written 

description of the scope of this order is 

dispositive. 

Countervailing Duty Order 

In accordance with section 706(a)(1) 

of the Act, the Department will direct 

U.S. Customs and Border Protection 

(CBP) to assess, upon further instruction 

by the Department, countervailing 

duties equal to the amount of the net 

countervailable subsidy for all relevant 

entries of PRCBs from Vietnam. 

According to section 706(b)(2) of the 

Act, duties shall be assessed on subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the date of the ITC’s notice of final 

determination if that determination is 

based upon threat of material injury. 

Section 706(b)(1) of the Act states, ‘‘If 

the Commission, in its final 

determination under section 705(b), 

finds material injury or threat of 

material injury which, but for the 

suspension of liquidation under section 

703(d)(2), would have led to a finding 

of material injury, then entries of the 

merchandise subject to the 

countervailing duty order, the 

liquidation of which has been 

suspended under section 703(d)(2), 

shall be subject to the imposition of 

countervailing duties under section 

701(a).’’ In addition, section 706(b)(2) of 

the Act requires CBP to refund any cash 

deposits or bonds of estimated 

countervailing duties posted since the 

Department’s preliminary 

countervailing duty determination, if 

the ITC’s final determination is threat– 

based. Because the ITC’s final 

determination in this case is based on 

the threat of material injury and is not 

accompanied by a finding that injury 

would have resulted but for the 

imposition of suspension of liquidation 

of entries since the Department’s 

Preliminary Determination1 was 

published in the Federal Register, 

section 706(b)(2) of the Act is 

applicable. 

Therefore, the Department will direct 

CBP to reinstitute suspension of 

liquidation,2 and to assess, upon further 

instruction from the Department, 

countervailing duties on all 

unliquidated entries of PRCBs from 

Vietnam entered, or withdrawn from 

warehouse, for consumption on or after 

the date of publication of the ITC’s 

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Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices 23671 

notice of final determination of threat of 

material injury in the Federal Register. 

Cash Deposit Requirements 

Pursuant to section 706(a)(3) of the 

Act, effective on the date of publication 

of the ITC’s notice of final 

determination in the Federal Register, 

CBP will require, at the same time as 

importers would normally deposit 

estimated duties, cash deposits for the 

subject merchandise equal to the net 

subsidy rates listed below, except for 

subject merchandise entered by Chin 

Sheng Company, Ltd., whose net 

subsidy rate is de minimis and, hence, 

is excluded from this order. This 

exclusion applies only to subject 

merchandise both produced and 

exported by Chin Sheng Company, Ltd. 

The all–others rate applies to all 

producers and exporters of subject 

merchandise not specifically listed. 

Producer/Exporter Net Subsidy 

Rate 

Advance Polybag Co., Ltd. ... 52.56% 

Chin Sheng Company, Ltd. .. 0.44% 

(de minimis) 

Fotai Vietnam Enterprise 

Corp. And Fotai Enterprise 

Corporation ....................... 5.28% 

All Others .............................. 5.28% 

Termination of the Suspension of 

Liquidation 

Pursuant to the ITC’s determination of 

threat of injury to a U.S. industry, the 

Department will instruct CBP to 

terminate the suspension of liquidation 

for entries of PRCBs from Vietnam 

entered, or withdrawn from warehouse, 

for consumption prior to the publication 

of the ITC’s notice of final 

determination. The Department will 

also instruct CBP to refund any cash 

deposits made, and to release any bonds 

posted between September 4, 2009 (i.e., 

the date of publication of the 

Department’s Preliminary 

Determination) and on or before January 

2, 2010, the date on which the 

Department discontinued the 

suspension of liquidation pursuant to 

section 703(d) of the Act. 

This notice constitutes the 

countervailing duty order with respect 

to PRCBs from Vietnam, pursuant to 

section 706(a) of the Act. Interested 

parties may contact the Department’s 

Central Records Unit, Room 1117 of the 

main Commerce Building, for copies of 

an updated list of countervailing duty 

orders currently in effect. 

This order is issued and published in 

accordance with section 706(a) of the 

Act, and 19 CFR 351.211(b). 

Dated: April 27, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–10245 Filed 5–3–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW23 

Endangered and Threatened Species; 

Take of Anadromous Fish; Research 

Permit Applications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Applications for three new 

scientific research permits, one permit 

modification, and one permit renewal. 

SUMMARY: Notice is hereby given that 

NMFS has received five scientific 

research permit application requests 

relating to Pacific salmon. The proposed 

research is intended to increase 

knowledge of species listed under the 

Endangered Species Act (ESA) and to 

help guide management and 

conservation efforts. The applications 

may be viewed online at: https:// 

apps.nmfs.noaa.gov/preview/ 

previewlopenlforlcomment.cfm 

DATES: Comments or requests for a 

public hearing on the applications must 

be received at the appropriate address or 

fax number (see ADDRESSES) no later 

than 5 p.m. Pacific standard time on 

June 3, 2010. 

ADDRESSES: Written comments on the 

applications should be sent to the 

Protected Resources Division, NMFS, 

1201 NE Lloyd Blvd., Suite 1100, 

Portland, OR 97232–1274. Comments 

may also be sent via fax to 503–230– 

5441 or by e-mail to 

nmfs.nwr.apps@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Garth Griffin, Portland, OR (ph.: 503– 

231–2005, Fax: 503–230–5441, e-mail: 

garth.griffin@noaa.gov. Permit 

application instructions are available 

from the address above, or online at 

apps.nmfs.noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Species Covered in This Notice 

The following listed species are 

covered in this notice: 

Chinook salmon (Oncorhynchus 

tshawytscha): threatened lower 

Columbia River (LCR), threatened upper 

Willamette River (UWR), endangered 

upper Columbia River (UCR), threatened 

Snake River (SR) spring/summer (spr/ 

sum), threatened SR fall, threatened 

Puget Sound (PS). 

Chum salmon (O. keta): threatened 

Columbia River (CR). 

Steelhead (O. mykiss): threatened 

LCR, threatened UWR, threatened 

middle Columbia River (MCR), 

threatened SR, threatened UCR, 

threatened PS. 

Coho salmon (O. kisutch): threatened 

LCR, threatened Oregon Coast (OC). 

Sockeye salmon (O. nerka): 

endangered SR. 

Green Sturgeon (Acipenser 

medirostris) 

Eulachon: Southern Distinct 

Population Segment (DPS) 

(Thaleichthys pacificus) 

Authority 

Scientific research permits are issued 

in accordance with section 10(a)(1)(A) 

of the ESA (16 U.S.C. 1531 et seq.) and 

regulations governing listed fish and 

wildlife permits (50 CFR 222–226). 

NMFS issues permits based on findings 

that such permits: (1) are applied for in 

good faith; (2) if granted and exercised, 

would not operate to the disadvantage 

of the listed species that are the subject 

of the permit; and (3) are consistent 

with the purposes and policy of section 

2 of the ESA. The authority to take 

listed species is subject to conditions set 

forth in the permits. 

Anyone requesting a hearing on an 

application listed in this notice should 

set out the specific reasons why a 

hearing on that application would be 

appropriate (see ADDRESSES). Such 

hearings are held at the discretion of the 

Assistant Administrator for Fisheries, 

NMFS. 

Applications Received 

Permit 1548 - 2R 

The Yakima Training Center - US 

Army (YTC) is seeking to renew its 

permit to annually take listed salmonids 

while conducting research designed to 

determine fish abundance and 

distribution on the YTC lands and 

describe habitat conditions throughout 

the 500–square mile reservation. The 

research will also give regional fish 

managers previously unavailable data 

on fish presence. The YTC researchers 

would capture the fish using backpack 

electrofishing gear, seines, and minnow 

traps. Once captured, the fish would be 

measured, allowed to recover, and 

released. Some of the steelhead may 

have scale samples taken. The YTC does 

not intend to kill any of the fish being 

taken, but some may die as an 

unintended result of the activities. 

mstockstill on DSKH9S0YB1PROD with NOTICES